Indiana § 1-1-3-4 - Effectiveness of acts passed over governor's veto

§ 1-1-3-4. Effectiveness of acts passed over governor's veto

Sec. 4. (a) This section applies only to an act passed by the general assembly over the governor's veto.

(b) The following definitions apply throughout this section:

(1) "Approval of the act" means the date the second house of the general assembly votes to approve a bill over the governor's veto.

(2) "Promulgation of the act" means the publication and circulation of an act in accordance with Article 4, Section 28 of the Constitution of the State of Indiana.

(3) "Second house of the general assembly" means the house of the general assembly that reconsiders a bill vetoed by the governor after the house in which the bill originated has passed the bill over the governor's veto.

(c) If an act declares that a SECTION of the act is effective upon passage, that SECTION takes effect upon approval of the act.

(d) If an act declares that a SECTION of the act applies retroactively to a specified date, that SECTION takes effect on the specified retroactive date.

(e) Except as provided in subsection (d), if an act declares that a SECTION of the act takes effect on a specified date that is before the date of the approval of the act, that SECTION takes effect on the first day of the third calendar month after the calendar month of the approval of the act.

(f) If an act declares that a SECTION of the act takes effect on a specified date that is on or after the date of the approval of the act, that SECTION takes effect on that date. However, if the specified date occurs before the promulgation of the act, then the SECTION takes effect when promulgation of the act is completed.

(g) This subsection does not apply to a SECTION described in section 3(d) of this chapter. If an act does not declare an effective date for a SECTION of the act, then that SECTION takes effect on July 1 next following approval of the act.

As added by P.L.242-2025, SEC.7.

IC 1-1-3.1Chapter 3.1. RepealedRepealed by P.L.242-2025, SEC.8.

IC 1-1-3.2Chapter 3.2. RepealedRepealed by P.L.1-2010, SEC.156.

IC 1-1-3.5Chapter 3.5. Political Subdivisions Classified by Population; Effective Date of Decennial Census

1-1-3.5-1Repealed 1-1-3.5-1.5"Corrected population count" 1-1-3.5-2Definitions 1-1-3.5-2.3Special census 1-1-3.5-2.5Special tabulation 1-1-3.5-3Use of census data in Indiana statutes 1-1-3.5-4Repealed 1-1-3.5-5Notification of effective date of tabulation of population 1-1-3.5-6Repealed 1-1-3.5-8Effect of amendments relating to population parameters made during 2012 regular session of the general assembly 1-1-3.5-9Effect of amendments relating to population parameters made during 2022 regular session of the general assembly

IC 1-1-3.5-1RepealedAs added by Acts 1981, P.L.1, SEC.1. Repealed by P.L.1-1988, SEC.10.

IC 1-1-3.5-1.5"Corrected population count" Sec. 1.5. As used in this chapter, "corrected population count" means a certification of census population count for a political subdivision that:

(1) is issued by the Bureau of the Census after the tabulation of population of Indiana in the federal decennial census has been reported to the governor by the United States Secretary of Commerce under 13 U.S.C. 141(c);

(2) is issued:

(A) to correct an error in the enumeration of persons residing in the political subdivision on the date of the federal decennial census or federal special census; or

(B) to provide a population count for a municipality incorporated following the most recent federal decennial census; and

(3) supersedes any previous tabulation of population reported for the political subdivision in the federal decennial census or federal special census.

The term does not include a statistical adjustment made in the tabulation of population by the Bureau of the Census to compensate for a predicted undercount or overcount in a federal decennial census or federal special census.

As added by P.L.1-1988, SEC.1.

IC 1-1-3.5-2Definitions Sec. 2. (a) As used in this chapter, "federal decennial census" means a United States decennial census of population conducted under 13 U.S.C. 141.

(b) As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13. The term does not include congressional districts, state legislative districts, local office election districts, or school board office election districts.

As added by Acts 1981, P.L.1, SEC.1. Amended by P.L.1-1988, SEC.2.

IC 1-1-3.5-2.3Special census Sec. 2.3. As used in this chapter, "special census" means a basic enumeration of population, housing units, group quarters and transitory locations conducted by the U.S. Census Bureau at the request of a political subdivision.

As added by P.L.169-2022, SEC.1.

IC 1-1-3.5-2.5Special tabulation Sec. 2.5. As used in this chapter, "special tabulation" means a certification of the census population count for a political subdivision that:

(1) is issued by the Bureau of the Census:

(A) at the request of a political subdivision; and

(B) after the tabulation of population of Indiana in the federal decennial census has been reported to the governor by the United States Secretary of Commerce under 13 U.S.C. 141(c); and

(2) indicates the census count population for the political subdivision that would have been reported under subdivision (1) if individuals residing in territory:

(A) not located within the political subdivision according to the Boundary and Annexation Survey used as the basis for the tabulation of population reported under subdivision (1); and

(B) located within the political subdivision after the tabulation of population reported under subdivision (1);

had been included in the tabulation of population of the political subdivision reported to the governor by the United States Secretary of Commerce.

As added by P.L.2-1990, SEC.1.

IC 1-1-3.5-3Use of census data in Indiana statutes Sec. 3. (a) For purposes of the statutes described in section 5(c) of this chapter, a reference to population is a reference to population as determined by the most recent of the following:

(1) Federal decennial census.

(2) Federal special census.

(3) Special tabulation.

(4) Corrected population count.

(b) For purposes of statutes relating to drawing boundaries of county executive districts, county fiscal body districts, municipal legislative body districts, or the districts of any other political subdivision, the political subdivision shall use population as reported by the most recent of the following, even if those population data are not yet effective under subsection (f):

(1) Federal decennial census.

(2) Federal special census.

(3) Special tabulation.

(4) Corrected population count.

(c) For purposes of a noncode statute, a reference to population is the population determined by the most recent federal decennial census in effect before the passage of the statute, unless the population description in the statute is changed by subsequent legislation.

(d) For purposes of statutes classifying political subdivisions by population, a political subdivision's population is considered to be the political subdivision's population as reported by the most recent federal decennial census in effect, unless the statute specifically provides otherwise.

(e) This subsection applies to a political subdivision located in more than one (1) county. If a political subdivision is described in a statute by reference to the county in which the political subdivision is located, the reference is to the county that contains a majority of the population of the political subdivision.

(f) The effective date of each:

(1) federal decennial census;

(2) federal special census;

(3) special tabulation; or

(4) corrected population count;

is April 1 of the calendar year following the year in which the tabulation of population or corrected population count is delivered to the state by the United States Secretary of Commerce under 13 U.S.C. 141 and received by the governor.

(g) Promptly upon receiving the tabulation of population or corrected population count, the governor shall issue an executive order:

(1) evidencing the date of receipt; and

(2) noting that the effective date of the tabulation of population or corrected population count for purposes of any statute described in this section is April 1 of the following year.

As added by Acts 1981, P.L.1, SEC.1. Amended by P.L.1-1988, SEC.3; P.L.2-1990, SEC.2; P.L.170-2002, SEC.1; P.L.66-2003, SEC.1; P.L.221-2021, SEC.1.

IC 1-1-3.5-4RepealedAs added by Acts 1981, P.L.1, SEC.1. Repealed by P.L.3-1987, SEC.570.

IC 1-1-3.5-5Notification of effective date of tabulation of population Sec. 5. (a) The governor shall forward a copy of the executive order issued under section 3 of this chapter to:

(1) the director of the Indiana state library;

(2) the election division; and

(3) the Indiana Register.

(b) The director of the Indiana state library, or an employee of the Indiana state library designated by the director to supervise a state data center established under IC 4-23-7.1, shall notify each state agency using population counts as a basis for the distribution of funds or services of the effective date of the tabulation of population or corrected population count.

(c) The agencies that the director of the Indiana state library must notify under subsection (b) include the following:

(1) The state comptroller, for distribution of money from the following:

(A) The cigarette tax fund in accordance with IC 6-7-1-30.1.

(B) Excise tax revenue allocated under IC 7.1-4-7-8.

(C) The local road and street account in accordance with IC 8-14-2-4.

(2) The board of trustees of Ivy Tech Community College for the board's division of Indiana into service regions under IC 21-22-6-1.

(3) The division of disability, aging, and rehabilitative services, for establishing priorities for community residential facilities under IC 12-11-1.1 and IC 12-28-4-12.

(4) The department of state revenue, for distribution of money from the motor vehicle highway account fund under IC 8-14-1-3.

(5) The Indiana economic development corporation, for the evaluation of enterprise zone applications under IC 5-28-15.

(6) The alcohol and tobacco commission, for the issuance of permits under IC 7.1.

(7) The state board of accounts, for calculating the state share of salaries paid under IC 33-38-5, IC 33-39-6, and IC 33-41-2.

As added by P.L.2-1990, SEC.3. Amended by P.L.2-1992, SEC.25; P.L.2-1993, SEC.30; P.L.4-1993, SEC.1; P.L.5-1993, SEC.1; P.L.5-1995, SEC.1; P.L.6-1995, SEC.1; P.L.3-1997, SEC.1; P.L.272-1999, SEC.1; P.L.204-2001, SEC.1; P.L.98-2004, SEC.24; P.L.4-2005, SEC.1; P.L.127-2005, SEC.1; P.L.141-2006, SEC.1; P.L.2-2007, SEC.1; P.L.1-2009, SEC.1; P.L.42-2018, SEC.1; P.L.9-2024, SEC.1; P.L.122-2026, SEC.1.

IC 1-1-3.5-6RepealedAs added by P.L.2-1990, SEC.4. Repealed by P.L.170-2002, SEC.178.

IC 1-1-3.5-8Effect of amendments relating to population parameters made during 2012 regular session of the general assembly Sec. 8. (a) A reference in this section to amendments made to a statute is a reference to amendments made during the 2012 regular session of the general assembly.

(b) Notwithstanding any other bill enacted during the 2012 regular session of the Indiana general assembly, this subsection applies to each SECTION of each bill enacted during the 2012 regular session of the Indiana general assembly that satisfies all the following:

(1) The SECTION amends a noncode statute or a provision of the Indiana Code.

(2) The SECTION takes effect before April 1, 2012.

(3) The SECTION contains an amendment to a population parameter.

The amendment to a population parameter in a SECTION described in this subsection takes effect April 1, 2012, and the amendment to other provisions in a SECTION described in this subsection take effect as otherwise provided in the bill described in this subsection.

(c) Notwithstanding any other bill enacted during the 2012 regular session of the Indiana general assembly, this subsection applies to each SECTION of each bill enacted during the 2012 regular session of the Indiana general assembly that satisfies all the following:

(1) The SECTION enacts a noncode statute or a new provision of the Indiana Code.

(2) The SECTION takes effect before April 1, 2012.

(3) The SECTION contains a population parameter.

Notwithstanding section 3 of this chapter, a population parameter in a SECTION described in this subsection refers to the population of the described political subdivisions as tabulated following the 2010 Decennial Census and delivered to the state by the United States Secretary of Commerce under 13 U.S.C. 141 and received by the governor during 2011.

(d) The amendments to change the population parameters in IC 5-13-9-5.6 take effect April 1, 2012. Any other amendments to IC 5-13-9-5.6 take effect July 1, 2012.

(e) The population parameters in IC 11-10-5-4 (repealed, effective July 1, 2012) refer to the following from April 1, 2012, to July 1, 2012:

(1) Parke County in IC 11-10-5-4(f)(1).

(2) Hendricks County in IC 11-10-5-4(f)(2).

(f) The amendments to change the population parameters in IC 7.1-3-20-16 are effective April 1, 2012.

(g) The amendments to change the population parameters in IC 36-2-13-15.3 are effective April 1, 2012.

(h) The amendments to change the population parameters in IC 36-8-8-7 are effective April 1, 2012.

(i) The amendments to change the population parameters in IC 36-2-13-15.3 are effective April 1, 2012.

(j) Notwithstanding any other bill enacted during the 2012 regular session of the Indiana general assembly, this subsection applies to each SECTION of each bill enacted during the 2012 regular session of the Indiana general assembly that satisfies all of the following:

(1) The SECTION amends a noncode statute or a provision of the Indiana Code.

(2) The SECTION, according to its effective date provision, takes effect after April 1, 2012.

(3) The SECTION contains an amendment to a population parameter.

In a SECTION described in this subsection, the amendment to the population parameter takes effect April 1, 2012, and any amendment to a provision other than a population parameter takes effect as otherwise provided in the bill containing the SECTION.

As added by P.L.119-2012, SEC.1. Amended by P.L.13-2013, SEC.1.

IC 1-1-3.5-9Effect of amendments relating to population parameters made during 2022 regular session of the general assembly Sec. 9. (a) A reference in this section to amendments made to a statute is a reference to amendments made during the 2022 regular session of the general assembly.

(b) Notwithstanding any other bill enacted during the 2022 regular session of the Indiana general assembly, this subsection applies to each SECTION of each bill enacted during the 2022 regular session of the Indiana general assembly that satisfies all the following:

(1) The SECTION amends a noncode statute or a provision of the Indiana Code.

(2) The SECTION takes effect before April 1, 2022.

(3) The SECTION contains an amendment to a population parameter.

The amendment to a population parameter in a SECTION described in this subsection takes effect April 1, 2022, and the amendment to other provisions in a SECTION described in this subsection take effect as otherwise provided in the bill described in this subsection.

(c) Notwithstanding any other bill enacted during the 2022 regular session of the Indiana general assembly, this subsection applies to each SECTION of each bill enacted during the 2022 regular session of the Indiana general assembly that satisfies all the following:

(1) The SECTION enacts a noncode statute or a new provision of the Indiana Code.

(2) The SECTION takes effect before April 1, 2022.

(3) The SECTION contains a population parameter.

Notwithstanding section 3 of this chapter, a population parameter in a SECTION described in this subsection refers to the population of the described political subdivisions as tabulated following the 2020 Decennial Census and delivered to the state by the United States Secretary of Commerce under 13 U.S.C. 141 and received by the governor during 2021.

As added by P.L.104-2022, SEC.1.

IC 1-1-4Chapter 4. Construction of Statutes

1-1-4-1Rules 1-1-4-2Repealed 1-1-4-3Uniform Determination of Death Act 1-1-4-4Internal Revenue Code definition; applicability 1-1-4-5Definitions applicable to construction of all Indiana statutes 1-1-4-6Attorney's fees as including paralegal's fees 1-1-4-7State educational institution; applicability 1-1-4-8Status of members of the general assembly serving on governmental bodies